영국의 반테러법과 인권침해 -2001년 반테러법상의 무기한의 구금처분을 소재로- = Anti-Terrorism, Crime and Security Act and Human Rights Violations in U.K.

다국어 초록 (Multilingual Abstract)

Following the events of 11th September 2001, the UK government hastily rushed new anti-terrorism legislation through parliament. The Anti-Terrorism, Crime and Security Act 2001 (ATCSA) was passed by parliament on 14 December 2001. The Act confers greater powers on law enforcement authorities to counter terrorism but severely limits civil liberties and human rights. The most controversial element of the Act is Part 4, which relates to immigration and asylum. The UK Home Secretary is empowered under Part 4 to certify any foreign national as a suspected international terrorist if he reasonably (a) believes that the person``s presence in the United Kingdom is a risk to national security, and (b) suspects that the person is a terrorist. Such a certification permits the Home Secretary to detain that person without charge, by categorizing him or her as someone that the UK intends to deport or to extradite, even where it is not actually possible to deport or extradite the person on the grounds that he or she would face torture if removed(i) . The ultimate effect of the measure is to permit the indefinite detention without charge of foreign nationals. Such a draconian measure has a severe effect on human rights and civil liberties. In order for such powers to be implemented, it is necessary for the UK government to derogate from (basically opt out of) Article 5(1)(f) of the European Convention on Human Rights, which it has both signed and ratified. Article 5(1)(f) protects a person``s right to liberty and the security of the person. The UK government can derogate from its obligations under Article 5(1)(f) by declaring a state of emergency as required by Article 15. Derogations under Article 15 of the ECHR require that there is a public emergency threatening the life of the nation; that the measures are strictly required by the exigencies of the situation and that the measures are not inconsistent with other obligations under international law. The UK derogated from Article 5(1)(f) on18th December 2001. The draconian powers awarded to the police under Part 4 of the Anti-Terrorism Crime and Security Act have been criticised and condemned by human rights groups, members of the judiciary and the Bar, and the Archbishop of Canterbury. The Privy Council Review Committee has recently recommended that these powers, which allow foreign nationals to be detained indefinitely, be abolished immediately. It is unacceptable that the UK feels it can, at whim, retract fundamental human rights that have been recognized by customary norms of international law. The indefinite detention of any human being without charge is completely abhorrent to the values and principles held by any civilised nation. The British government must comply with the review committee``s findings and remove these powers immediately. Additionally the larger concerns regarding ATCSA must be addressed.

참고문헌 (Reference)

1 윤태영, "영국의 대테러리즘 위기관리 체계와 전략 - 실제, 문제점 및 정책적 함의 -" 위기관리 이론과 실천 6 (6): 82-100, 2010

2 Andrew Ashworth, "The Criminal Process 209"

3 Walker, "Terrorism and Criminal Justice" 311 : 2004

4 Brandon, "Terrorism Human Rights and the Rule of Law" 981 : 2004

5 Dyer, "Terror QC: More will Quit Special Court"

6 Nicholas Blake, "Special Advocates in Criminal Trials" 154 : 2004

7 House of Lords and House of Commons, Joint Committee on Human Rights, "Review of Counter-Terrorism Powers, Eighteenth Report of Session 2003-2004" 2004

8 Mark Lake, "Retreat from Due Process" 156 : 2006

9 Roach, "Must We Trade Rights for Security? : The Choice between Smart, Harsh, or Proportionate Security Strategies in Canada and Britain" 27 : 2006

10 The Secretary-General of United Nations, "Message on Human Rights Day of 10"

11 Bennett, "Legislative Response to Terrorism: A View from Britain" 109 : 2005

12 Marks, S., "International Human Rights Lexicon" 2005

13 A and Others v Secretary of State for the Home Department, "EWCA Civ 1502"

14 Andrew Sanders, "Criminal Justice 182"

15 United Nations Committee against Torture, "Conclusions and Recommendations: United Kingdom of Great Britain and Northern Oreland-Dependent Territories, 10/12/2004, CAT/C/CR/33/3"

16 Privy Counsellor Review Committee, "Anti-Terrorism, Crime and Security Act 2001 Review"

17 Lord Carlile of Berriew, "Anti-Terrorism, Crime and Security Act 2001 Part Ⅳ Section" 28 : 2004

18 "Amnesty Internationals Memorandum to the UK Goverment on Part 4 of the Anti-terrorism, Crime and Security Act 2001"